HomeMy WebLinkAbout44-Public Works
*V OF SAN BERNAR.O tifEQte;T iFORJC~~NCIL A.ON
From:
.ept:
ROGER G. HARDGRAVE, Director
Subject:
9:00 A.M. Protest Hearing and
Resolution Modifying and ConfirmiJ
Assessment and Resolution Awardin<
Construction Contract
Assessment District No. 985
Public Works/Engineering
Date:
September 26. 1989
Synopsis of Previous Council ection:
9-6-89
Adopted Resolution of Intention and Resolution pre-
liminarily approving Engineer's Report. Protest
hearing scheduled for 9:00 A.M. October 16, 1989.
U5
C?
(~.:.'
::0
rn
("~
c....... '='
,.,-,
-0 1
t....) .>
(",.:) t:'t
-
......
.. :~-,
..
.,,-~
Recommended motion: ,.
1. That the protests, if any, be overruled, the hearing be~
closed, and a finding and determination be made that the
public convenience and necessity require the proposed
~ improvements in Assessment District No. 985.
2. Adopt resolution modifying and confirming assessment.
o
"T1
.."
cc: Harshall Julian. City Administrator
James F. Penman. City Attorney
Jim Richardson. Dep. City A~m. Dev.
Crai! Graves. City Treasurer
Contact person:
Verne Na~eau
Phone:
384-5026
6
Supporting data attached: Staff RejlOrt. Hap
Ward:
FUNDING REQUIREMENTS:
Amount: $805.000.00
Source: (Acct. No.! 251-659-53925 (To be assessed to property owners
Acct. Oescri tion
Parkway Imjrovement District) G""i., ~
Assessment District No. 9i5 (Industrial
'j)Ms-
Finance:
Council Notes:
.
,
-15.0262
Agenda Item No
L/-'i
ilTY OF SAN BERNAWINO - RE9ST FOR COUNCIL .TIO~
STAFF REPORT
.
Hear protests, if any, and adopt the Resolution Modifying
and Confirming the Assessment and Ordering the Improvements
and the Resolution Awarding a Contract for Construction of
the Improvements.
On August 21, 1989, the Resolution of Intention and Resolution
Preliminarily Approving the Engineer's Report were adopted.
As required by the Municipal Improvement Act of 1913, the
Notice of Improvement was posted on the streets within the
proposed district by the Real Property Section on September 15,
1989, a Notice of Improvement was mailed to each of the property
owners in the proposed district on September 15, 1989, ~
~R ge~~eme8F Is, 1989, and September 22, 1989, the Notice of
Improvement was published in The Sun newspaper. To date we
have received no protests.
The resolutions are attached for your action.
.
.
9-26-89
75.0264
.
.
......, t ,. 1 8tBT .
PROP ED ASSESSME DIAGRAM
ASSESSMENT DISTRICT NO. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
J
----
....... -- ~ ,.,
.sTAr~ ...v._
WAY AO (I'J 15
\
-
,......
<.
..
LEIlEND
"""". ....ouD DII~ eGUIIDAII'
ITMIT ....allllll!lIIT
@) ._......_0
~..",.,. ...... PARCEL _ell
ITR.IT UGMTI
.....,
""-
~
______ '...11 IIA"
....-.n ....... a..IfICAIIS ITOII.. "AUt LIN.
,... ... .. lilt.. .. .. cay a.tI. .. .. Gly .. AM .......... ....
-....-....
PALII AV...... ITR.IT .."OV....T.
..IL A.......IfT.
e@>
"-- -
...-
....... ... .. ..,... .. .. ...... .. ~ w.tIM'U,. ....... .. ..
0".. ......--.... ....___.. _..- ..-.,......
=... ..~-.,
c;lI'.........
...l.........................~............ .......-
..filii .. .. . c-,. .___. "" 1Iii""': .., ..
. _~ MIl c-.My ._._.--.-... ..
~. ......, -...... ---......-,
~
...__............c-c:...-.....ClI'.....
-----.. .. ..... ....... ... ~.. ... ---.. .. --"
......... ,..__.......... ....... .1_:"
=-:. ~ =- ::....-:-:=..": "fr.,. J!o.~ ~ - ..... ~ "::
~. :r...:..*':-~ -::"::0.-:.;::-:" ~ ~...:..-:
....-...................,...........--......--
....-.
g;....~------
...-
9-26-89
.
.
.
.
.
1
2
3
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO MODIFYING AND CON-
FIRMING ASSESSMENT AND ORDERING CONSTRUCTION
OF IMPROVEMENTS
4
5
6
7
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
WHEREAS, on September 6, 1989, the Mayor and Common
8 Council (the "Common Council") of the Ci ty of San Bernardino,
California (the "City"), adopted Resolution No. 89-346, the
9
Resolution of Intention (the "Resolution of Intention") for
10
11
Assessment
District
No. 985
(the
"Assessment
District"),
.
declaring the intention of the Common Council, pursuant to the
12
13 provisions of Division 12 of the Streets and Highways Code of
14 the State of California, the Municipal Improvement Act of 1913,
to order the acquisition and construction of certain public
15
improvements described therein: and
16
17
WHEREAS, on September 6, 1989, the Common Council
18 adopted Resolution No. 89-350 approving the report of the
Engineer of Work for the Assessment District (the "Report"),
19
setting 9:00 a.m. on October 16, 1989, and the Common Council
20
21
Chambers on the Main Floor of the City Hall of the City at 300
N th "0"
22 or
Street, San Bernardino, California, as the time and
23 place for hearing protests to the proposed acquisition and con-
. 28 among other things, the information prescribed by Section 2961
24 struction of such improvements, and providing for notice of such
25 hearing to be given by the City Clerk: and
26 WHEREAS, pursuant to the direction contained in
27 Section 10 of the Resolution of Intention, the Report contains,
..
.
.
.
1 of the Streets and Highways Code of the State of California with
. 2 respect to ( i) the total principal sum of all unpaid special
3 assessments and special assessments required or proposed to be
4
5
6
7
8
9
10
11
12
levied under any completed or pending assessment proceedings,
other than that contemplated in the instant proceedings, which
would require an investigation and report under Division 4 of
said Code, the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, against the total area proposed to
be assessed, and (ii) the total true value, as near as may be
determined, of the parcels of land and improvements which are
proposed to be assessed; and
WHEREAS, notice of the hearing of protests to the
13 acquisition and construction of such improvements was duly
14 posted, published, and mailed, as shown by affidavits presented
. 15 to the Common Council, in the manner prescribed by law; and
.
16
WHEREAS, at said time and place said hearing was com-
17 menced and continued by the Common Council to November 6, 1989,
18 and on said latter date was again continued by the Common
19 Council to December 18, 1989: and
WHEREAS, pursuant to Resolution No. 89-469 adopted by
20
21
22
23
the Common Council on November 20, 1989, the Common Council has
conducted proceedings pursuant to Chapter 4.5 (commencing with
S 10350) of Division 12 of the Streets and Highways Code of the
State of California regarding certain proposed changes in the
24
25 Report, as preliminarily
26 including a hearing with
approved by Resolution No.
89-350,
regard
to the proposed changes
as
27
required by Section 10353 through 10355 of that Code, and has
28 adopted Resolution No.
ordering the changes proposed in
-2-
..
.
.
.
.
.
.
1
2 I
Resolution No. 89-4691 and
WHEREAS, the Engineer
of Work has presented to the
3
Common Council a revised Report including the changes ordered by
Resolution No. 89-469 which revised Report was also approved by
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
that resolution and is now the Report for all purposes in con-
nection with the proceedings for the Assessment District, and
whenever reference is made in this resolution to the Report,
such reference shall be to the modified Report as approved and
including the changes ordered by Resolution No.
1 and
WHEREAS, on December 18, 1989 the hearing of protests
to the acquisition and construction of the public improvements
described in the Resolution of Intention and the Report was
recommenced and duly held by the Common Council and all written
appeals, protests or objections, if any, were duly presented and
read, and all persons desiring to be heard thereon were heard,
and the Common Council gave all persons present an opportunity
to be heard in respect of any matter relating to the acquisition
and construction of said improvements, to any act or determina-
tion of the Common Council in relation thereto, to any matter in
connection with the Report or to the correctness of the assess-
ment or diagram, or to any other matters relating to these
proceedings; and
WHEREAS, the City Engineer has advised the Common
Council that as a result of the bids received for the con-
struction of the proposed improvements, the proposed assessment
and the proposed amount of money assessed on each parcel of
property included in the assessment should be modified1
III
-3-
..
.
.
.
.
.
.
1
2
3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1.
Protests.
The Common Council finds (i)
4 I that the said hearing of protests has been duly held, and each
5 1 and every step in the proceedings prior to and including said
6
7
8
9
10
11
12
13
hearing has been duly and regularly taken, and (ii) that the
written protests received by the City Clerk at or before the
hearing are not signed by the owners of more than one-half (1/2)
of the area of land included within the Assessment District and
said protests are hereby overruled.
Section 2. Compliance with Special Assessment Investi-
gation, Limitation and Maiority Protest Act of 1931.
The Common
Council finds, pursuant to Section 2961 of the Streets and High-
14 ways Code of the State of California, that the total amount of
15
the principal
levied
sum of all unpaid special assessments
against the parcels proposed to be assessed, as computed pur-
16
17
suant to paragraph (1) of subdivision (b) of said Section 2961,
18 plus the principal amount of the special assessment proposed to
19
be levied in the instant proceedings, does not exceed one-half
20 of the total true value of the parcels proposed to be assessed,
21
22
23
24
25
26
27
as computed pursuant to paragraph (2) of subdivision (b) of said
Section 2961.
The Common Council further finds that compliance
has been had with the requirements of Division 4 of the Streets
and Highways
Code
of
State of
California,
the
the
Special
Assessment Investigation, Limitation and Majority Protest Act of
1931, by following the alternative procedure provided by Part
7.5 (commencing with S 2960) of said Division 4.
28 III
-4-
..
.
.
.
.
.
.
1
2
3
4
5
6
Section 3.
Necessity.
The Common Council finds ( i)
that the public interest, convenience and necessity require the
acquisition and construction of the improvements referred to in
the Resolution of Intention and the Report for the benefit of
the
lands within the exterior boundaries of the Assessment
District, (ii) that the project is feasible, and (iii) that the
lands to be assessed therefor will be able to carry the burden
7
8 of the proposed assessments and to pay the costs and expenses
thereof.
9
10
11
12
13
14
Section 4. Benefit. The Common Council finds (i) that
all the land included within the boundaries of the Assessment
District as shown on the diagram thereof will be benefited by
said improvements, and (ii) that the proposed assessment of the
total amount of the costs and expenses of the acquisition and
15 construction of said improvements upon the several parcels and
16
17
18
19
subdivisions of land in the Assessment District is in proportion
to the benefits to be received by such parcels and subdivisions,
respectively, from the improvements.
Section 5. Modification of Assessment. The proposed
20 assessment and the proposed amount of money assessed on each
21 parcel of property included in the assessment shall be modified
22
23
24
25
26
27
28
as provided in the modified assessment presented by the Engineer
of Work to the Common Council at the hearing of protests.
Section 6.
Confirmation of Assessment.
The Common
Council hereby confirms the assessment as modified and
the
diagram of the Assessment District, as contained in the Report,
and orders the construction of the improvements.
III
-5-
.
.
.
.
.
.
.
1
2
3
4
5
6
7
8
Section 7. Recordation of Assessment and Diaqram. The
Ci ty Clerk shall transmit said assessment and diagram to the
Superintendent of Streets who shall record them in a substantial
book to be kept for that purpose in his office; and the City
Clerk shall also record a copy of the diagram and a notice of
assessment in the form prescribed by Section 3114 of the Streets
and Highways Code of the State of California in the office of
the County Recorder of the County of San Bernardino.
Section B.
Notice.
The City Clerk shall mail notice
9
10 of the recording of the assessment to the owners of the property
assessed as provided in Sections 10404 and 5070 of said Code and
11
12 shall also give notice of the recording of the assessment by
13 publication in The Sun as provided by said Section 10404.
14 I I I
15 III
16 I I I
17 I I I
18 I I I
19 I I I
20 I I I
21 I I I
22 I I I
23 I I I
24 I I I
25 III
26 I I I
27 III
28 I I I
-6-
.
.
I
1 I
'I
2
3
4
5
6
7
8
9
10
11
12
13
14
.
.
.
.
RESOLUTION CONFIRMING ASSESSMENT, A.D. 985
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a regular meeting thereof, held on the 18th day of
December, 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
15 day of
16
17
18
, 1989.
W.R. Holcomb
Mayor, City of San Bernardino
19
20 Approved as to form
and legal content:
21 James F. Penman,
22 City Attorney
23 By: ~fi~
24 /
25
26
. 27
28
-7-
BJS0062
.
.
.
BEST, BEST & KRIEGER
" P.....T..O;RS..'. 'NCLUOING .-AO..I!:!lSIO.....L CO..PO.....T.O..S
LAWYERS
F'ALM SPRINGS
(619) 3ZS-7264
400 MISSION SQUARE
3750 UNIVERSITY AVENUE
POST OFFICE BOX '028
RIVERSIDE, CALIF"ORNIA 92502
TELEF>HONE (714) 686-1450
TELECOF'IER (714) 686-3083
ONTARIO
(714) 98S-8584
RANCHO MIRAGE
(619) 568-2611
December 13, 1989
Mr. Verne Nadeau
Real Property Supervisor
Public Works/Engineering
300 North "0" Street
San Bernardino, CA 92418
Re: Assessment District No. 985
Dear Verne:
Enclosed is a revised original of the Resolution
Modifying and Confirming Assessment and Ordering
Construction of Improvements. In making a final proof-
reading of the resolution I found two minor mistakes which
we have corrected. The first mistake was on page 2 at line
19, after date December 18, 1989 there was a colon rather
than a semicolon. The second mistake was on page 3 at line
4 where we had inserted the number of Resolution No. 89-469,
which was incorrect as the correct number will be the number
of the resolution ordering the changes in the assessment in
the engineer's report. Please substitute this resolution
for the resolution which we previously sent. I will see you
at 10:00 a.m. on Monday.
site~~lY,
( . /Y
f . ;/.' L.-
"~
Richard T. Anderson
of Best, Best & Krieger
RTA/is
Enclosure
.
U5
0.>
CD
=
r"
':~'~
S?
-<
-"or;
,.."
~r~ ;g s.~
;'::, ::: ,-',
",.:
.;:-
~"~;:i
~~C.
,
~:::: \...."-'
_...j
9
""
w
@
.,
. i
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 I
I
281
I
I
I
I
.
.
.
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO MODIFYING AND CON-
FIRMING ASSESSMENT AND ORDERING CONSTRUCTION
OF IMPROVEMENTS
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
WHEREAS, on September 6, 1989, the Mayor and Common
Council (the "Common Council") of the City of San Bernardino,
California (the "City"), adopted Resolution No. 89-346, the
Resolution of Intention (the "Resolution of Intention") for
Assessment District No. 985
(the "Assessment District"),
declaring the intention of the Common Council, pursuant to the
provisions of Division 12 of the Streets and Highways Code of
the State of California, the Municipal Improvement Act of 1913,
to order the acquisition and construction of certain public
improvements described therein; and
WHEREAS, on September 6, 1989, the Common Council
adopted Resolution No. 89-350 approving the report of the
Engineer of Work for the Assessment District (the "Report"),
setting 9:00 a.m. on October 16, 1989, and the Common Council
Chambers on the Main Floor of the City Hall of the City at 300
North "0" Street, San Bernardino, California, as the time and
place for hearing protests to the proposed acquisition and con-
struction of such improvements, and providing for notice of such
hearing to be given by the City Clerk; and
WHEREAS, pursuant to the direction contained in
Section 10 of the Resolution of Intention, the Report contains,
among other things, the information prescribed by Section 2961
.
j
:1
.,
.
.
.
1
2
3
of the Streets and Highways Code of the State of California with
respect to (i) the total principal sum of all unpaid special
assessments and special assessments required or proposed to be
levied under any completed or pending assessment proceedings,
other than that contemplated in the instant proceedings, which
would require an investigation and report under Division 4 of
said Code, the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, against the total area proposed to
be assessed, and (ii) the total true value, as near as may be
determined, of the parcels of land and improvements which are
proposed to be assessed 1 and
WHEREAS, notice of the hearing of protests to the
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
acquisition and construction of such improvements was duly
posted, published, and mailed, as shown by affidavits presented
to the Common Council, in the manner prescribed by lawl and
WHEREAS, at said time and place said hearing was com-
menced and continued by the Common Council to November 6, 1989,
and on said latter date was again continued by the Common
Council to December 18, 19891 and
WHEREAS, pursuant to Resolution No. 89-469 adopted by
the Common Council on November 20, 1989, the Common Council has
conducted proceedings pursuant to Chapter 4.5 (commencing with
S 10350) of Division 12 of the Streets and Highways Code of the
State of California regarding certain proposed changes in the
Report, as preliminarily approved by Resolution No. 89-350,
including a hearing with regard to the proposed changes as
required by Section 10353 through 10355 of that Code, and has
-2-
.
"
"
.
.
.
1
2
3
adopted Resolution No. 89-
ordering the changes proposed in
Resolution No. 89-469; and
WHEREAS, the Engineer of Work has presented to the
Common Council a revised Report including the changes ordered by
Resolution No. 89-___ which revised Report was also approved by
that resolution and is now the Report for all purposes in con-
nection with the proceedings for the Assessment District, and
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
whenever reference is made in this resolution to the Report,
such reference shall be to the modified Report as approved and
including the changes ordered by Resolution No. 89-
; and
WHEREAS, on December 18, 1989 the hearing of protests
to the acquisition and construction of the public improvements
described in the Resolution of Intention and the Report was
recommenced and duly held by the Common Council and all written
appeals, protests or objections, if any, were duly presented and
read, and all persons desiring to be heard thereon were heard,
and the Common Council gave all persons present an opportunity
to be heard in respect of any matter relating to the acquisition
and construction of said improvements, to any act or determina-
tion of the Common Council in relation thereto, to any matter in
connection with the Report or to the correctness of the assess-
ment or diagram, or to any other matters relating to these
proceedings; and
WHEREAS, the City Engineer has advised the Common
Council that as a result of the bids received for the con-
struction of the proposed improvements, the proposed assessment
and the proposed amount of money assessed on each parcel of
property included in the assessment should be modified;
-3-
,it
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1. Protests. The Common Council finds ( i)
that the said hearing of protests has been duly held, and each
and every step in the proceedings prior to and including said
hearing has been duly and regularly taken, and (ii) that the
written protests received by the City Clerk at or before the
hearing are not signed by the owners of more than one-half (1/2)
of the area of land included within the Assessment District and
said protests are hereby overruled.
Section 2. Compliance with Special Assessment Investi-
gation, Limitation and Majority Protest Act of 1931. The Common
Council finds, pursuant to Section 2961 of the Streets and High-
w~ys Code of the State of California, that the total amount of
the principal sum of all unpaid special assessments levied
against the parcels proposed to be assessed, as computed pur-
suant to paragraph (1) of subdivision (b) of said Section 2961,
plus the principal amount of the special assessment proposed to
be levied in the instant proceedings, does not exceed one-half
of the total true value of the parcels proposed to be assessed,
as computed pursuant to paragraph (2) of subdivision (b) of said
Section 2961. The Common Council further finds that compliance
has been had with the requirements of Division 4 of the Streets
and Highways Code of the State of California, the Special
Assessment Investigation, Limitation and Majority Protest Act of
1931, by following the alternative procedure provided by Part
7.5 (commencing with S 2960) of said Division 4.
III
-4-
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
.
Section 3. Necessity. The Common Council finds (i)
that the public interest, convenience and necessity require the
acquisition and construction of the improvements referred to in
the Resolution of Intention and the Report for the benefit of
the lands within the exterior boundaries of the Assessment
District, (ii) that the project is feasible, and (iii) that the
lands to be assessed therefor will be able to carry the burden
of the proposed assessments and to pay the costs and expenses
thereof.
Section 4. Benefit. The Common Council finds (i) that
all the land included within the boundaries of the Assessment
District as shown on the diagram thereof will be benefited by
said improvements, and (ii) that the proposed assessment of the
total amount of the costs and expenses of the acquisition and
construction of said improvements upon the several parcels and
subdivisions of land in the Assessment District is in proportion
to the benefits to be received by such parcels and subdivisions,
respectively, from the improvements.
Section 5. Modification of Assessment. The proposed
assessment and the proposed amount of money assessed on each
parcel of property included in the assessment shall be modified
as provided in the modified assessment presented by the Engineer
of Work to the Common Council at the hearing of protests.
Section 6.
Confirmation of Assessment.
The Common
Council hereby confirms the assessment as modified and the
diagram of the Assessment District, as contained in the Report,
and orders the construction of the improvements.
III
-5-
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
.
Section 7. Recordation of Assessment and Diagram. The
City Clerk shall transmit said assessment and diagram to the
Superintendent of Streets who shall record them in a substantial
book to be kept for that purpose in his office: and the City
Clerk shall also record a copy of the diagram and a notice of
assessment in the form prescribed by Section 3114 of the Streets
and Highways Code of the State of California in the office of
the County Recorder of the County of San Bernardino.
Section 8. Notice. The City Clerk shall mail notice
of the recording of the assessment to the owners of the property
assessed as provided in Sections 10404 and 5070 of said Code and
shall also give notice of the recording of the assessment by
publication in The Sun as provided by said Section 10404.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
-6-
,
II
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
.
RESOLUTION CONFIRMING ASSESSMENT, A.D. 985
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof, held on the 18th day of
December, 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W.R. Holcomb
Mayor, City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
-7-
BJS0062